The perils of skiing, reduced bonuses and missed deadlines – Commercial Disputes Blog

Posted August 28th, 2014 in appeals, law firms, negligence, news, time limits by sally

‘The High Court has recently revisited how loss of chance damages will be quantified in professional negligence claims.’

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Commercial Disputes Blog, 26th August 2014

Source: www.rpc.co.uk

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Supreme Court refuses to hear litigant-in-person negligence appeal – Litigation Futures

Posted August 28th, 2014 in appeals, autism, litigants in person, negligence, news, solicitors, Supreme Court by sally

‘The Supreme Court has refused to hear an appeal from a litigant in person who sued her solicitors for negligence and whose claim included the grounds that she suffered from Asperger’s Syndrome.’

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Litigation Futures, 28th August 2014

Source: www.litigationfutures.com

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Claimant lawyers hit back over “cynical” part 36 offers – Litigation Futures

‘The Forum of Complex Injury Lawyers (FOCIS) has hit back after a report for the Civil Procedure Rule Committee (CPRC) recommended that part 36 should be reformed, partly to discourage claimant lawyers from making “cynical” offers.’

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Litigation Futures, 20th August 2014

Source: www.litigationfutures.com

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Young v Anglo American South Africa Ltd and others – WLR Daily

Young v Anglo American South Africa Ltd and others (No 2) [2014] EWCA Civ 1130; [2014] WLR (D) 370

‘Where a company had its statutory seat and principal place of business outside England, to determine whether a claim against it could be brought in England for the purposes of article 60(1)(b) of Council Regulation (EC) No 44/2001, the claimant had to show a good arguable case that England was the jurisdiction where the company had its “central administration”, which was the place where, through its relevant organs according to its own constitutional provisions, it took the decisions essential for that its operations.’

WLR Daily, 31st July 2014

Source: www.iclr.co.uk

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Bite Size RTA Case Law Update – Zenith Chambers

Posted August 7th, 2014 in accidents, duty of care, negligence, news, road safety, road traffic offences by sally

‘Road traffic accidents are notoriously fact specific, but looking at those cases which go to trial can be helpful in terms of understanding what judges think is important. Here I look at three very different recent cases. In Jade Christian v. South East London & Kent Bus Co.the court reiterated that appellate courts have to exercise the greatest restraint before overturning findings of fact made at first instance. In Gray v. Botwright the Court of Appeal went against the general principle that drivers are entitled to assume that no traffic will be crossing against a red light. In Gupta v. Armstrong & Anor a coach driver who was carefully executing a manoeuvre and failed to see a pedestrian who was trying to flag him down to board was not found to have been negligent to any degree.’

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Zenith Chambers, 22nd July 2014

Source: www.zenithchambers.co.uk

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Fair or foul: sport and the law – Henderson Chambers

‘The question is: how does one earn a living in sport? By skill? Hand-eye coordination? Fancy footwork? Fast reactions? By luck? By cheating – and getting away with it? Or none of these. As far as we are concerned, the living is earned in the law. The law by, with, to and from all aspects of sport because a legal principle from every page of every textbook will apply somewhere in the entire spectrum of sports activities on and off the field. Think of the law that applies to staff, betting,merchandising of team brands, the corrections of misdemeanours and their effects, ownership of buildings, copyright issues. If I just do a list, it will go on forever. I do not have “a little list.” Mine is endless and what I propose to do is to follow, if not the rules, then the pattern of sport by touching on a topic haphazardly then running back, in an intellectual sort of way, to the other side of the court before starting again on a different tack. There are so many sporting metaphors to mix.’

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Henderson Chambers, 8th July 2014

Source: www.hendersonchambers.co.uk

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Nominal damages for ‘negligent’ yacht advice – Law Society’s Gazette

Posted August 6th, 2014 in contracts, damages, guarantees, law firms, negligence, news, sale of goods by sally

‘A leading firm has avoided paying out significant damages despite admitting negligence when it gave advice on the purchase of a £3.6m yacht.’

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Law Society’s Gazette, 5th August 2014

Source: www.lawgazette.co.uk

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David T. Morrison & Co Limited t/a Gael Home Interiors (Respondent) v ICL Plastics Limited and others (Appellants) (Scotland) – Supreme Court

David T. Morrison & Co Limited t/a Gael Home Interiors (Respondent) v ICL Plastics Limited and others (Appellants) (Scotland) [2014] UKSC 48 (YouTube)

Supreme Court, 30th July 2014

Source: www.youtube.com/user/UKSupremeCourt

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Joanna Michael family in Supreme Court in negligence fight – BBC News

‘The family of a mother-of-two stabbed to death will take its negligence claim against two police forces to the Supreme Court.’

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BBC News, 28th July 2014

Source: www.bbc.co.uk

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Ballinger and another v Mercer Ltd and another – WLR Daily

Ballinger and another v Mercer Ltd and another; [2014] EWCA Civ 996; [2014] WLR (D) 335

‘Where a claimant applied to introduce a new claim by amendment under CPR r 17.4, and the defendant could show a prima facie defence of limitation, the burden was on the claimant to show that the defence was not reasonably arguable. Amendments seeking to add or substitute a new cause of action would only be permitted if they arose out of the same or substantially the same facts as were already in issue on the existing claims.’

WLR Daily, 17th July 2014

Source: www.iclr.co.uk

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Greenwich Millennium Village Ltd v Essex Services Group plc and others – WLR Daily

Greenwich Millennium Village Ltd v Essex Services Group plc and others: [2014] EWCA Civ 960; [2014] WLR (D) 309

‘A contractor (the respondent) to which building work had been subcontracted which it had in turn subcontracted to another contractor (the appellant) which undertook to indemnify the respondent against liability for the appellant’s negligence was not prevented by its own negligence from enforcing the indemnity clause.’

WLR Daily, 11th July 2014

Source: www.iclr.co.uk

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Hull mum Kerry Abel jailed over toddler son’s drowning – BBC News

‘The mother of a toddler, who drowned in a bath in Hull, has been sentenced to three years in prison for his manslaughter.’

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BBC News, 4th July 2014

Source: www.bbc.co.uk

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MMR vaccine: lawyers sued for pursuing claim based on link to autism – The Guardian

Posted June 26th, 2014 in autism, class actions, law firms, medical treatment, negligence, news, time limits by sally

‘A man is suing his former legal team for pursuing “hopeless claims” based on flawed research into the MMR vaccine, it has emerged.’

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The Guardian, 26th June 2014

Source: www.guardian.co.uk

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Kyle Keen: Toddler death ‘could have been avoided’ – BBC News

Posted June 19th, 2014 in child abuse, children, hospitals, negligence, news, reports by sally

‘The death of a toddler could have been avoided if a West Midlands hospital had referred him to social services at an earlier date, a report has found.’

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BBC News, 19th June 2014

Source: www.bbc.co.uk

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Claims against banks for negligent credit references? The possible impact of the Durkin decision – Hardwicke Chambers

Posted June 6th, 2014 in banking, consumer credit, economic loss, negligence, news by sally

‘Professionals in all walks of life are frequently asked to give references in respect of people or organisations. A negligently given reference may cause the recipient who relies on it or the person the subject of it to suffer pure economic loss in respect of which they will want to recover damages. In Durkin v DSG Retail Limited [2014] 1 W.L.R. 1148, the Supreme Court has, in a couple of short paragraphs, given a timely reminder of the pitfalls than may await anyone, in particular banks and other lenders, who gives a negligent reference.’

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Hardwicke Chambers, 21st May 2014

Source: www.hardwicke.co.uk

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Queen’s Speech: Good deeds ‘to be backed by law’ – BBC News

Posted June 2nd, 2014 in health & safety, negligence, news, personal injuries, volunteers by sally

‘Extra legal protection is to be given to people carrying out good deeds, volunteering or planning local events who end up being involved in liability claims, the government has announced.’

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BBC News, 2nd June 2014

Source: www.bbc.co.uk

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Nuptial Agreements: Limiting the Family Lawyer’s Exposure to Negligence Claims – Family Law Week

Posted May 28th, 2014 in barristers, drafting, negligence, news, prenuptial agreements, solicitors by sally

‘The authors consider whether family lawyers are assuming unlimited liability when advising upon or drafting nuptial agreements and look at the practicalities of limiting that liability.’

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Family Law Week, 21st May 2014

Source: www.familylawweek.co.uk

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Dr Daniel Ubani: No UK extradition over patient death – BBC News

Posted May 23rd, 2014 in doctors, extradition, homicide, negligence, news by sally

‘The family of man who was killed with a lethal dose of a painkiller by a German doctor said they are “astonished” he will not be extradited to the UK.’

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BBC News, 22nd May 2014

Source: www.bbc.co.uk

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CA upholds negligence ruling in miner’s compensation case – Legal Futures

Posted May 22nd, 2014 in appeals, compensation, industrial injuries, miners, negligence, news by sally

‘The Court of Appeal has upheld a ruling that Yorkshire law firm Raleys was negligent in its handling of a claim under the government compensation scheme for ex-miners suffering from vibration white finger (VWF).’

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Legal Futures, 22nd May 2014

Source: www.legalfutures.co.uk

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Law firm’s medical negligence advert was misleading, ASA rules – Legal Futures

‘An internet banner advertisement by an Essex law firm which showed a woman’s face above the slogan “awarded £40,000 after cosmetic surgery – claim now” was misleading, the Advertising Standards Authority (ASA) has ruled.’

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Legal Futures, 21st May 2014

Source: www.legalfutures.co.uk

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